Supreme Court of the United States

Rivet v. Regions Bank of Louisiana

February 24, 1998522 U.S. 470

Summary

Justice Ginsburg delivered the Court’s opinion holding that the claim-preclusive effect of a prior federal judgment does not authorize removal of a state-law action under 28 U.S.C. § 1441(b). Claim preclusion is an affirmative defense and, unlike complete statutory preemption, does not transform state-law claims into federal claims. The Court clarified that Federated Department Stores, Inc. v. Moitie did not establish a preclusion exception to the well-pleaded complaint rule. It reversed the Fifth Circuit’s judgment and remanded for further proceedings. There were no separate opinions.

Holding

  • Whether the claim-preclusive effect of a prior federal judgment supplies federal-question removal jurisdiction.. Claim preclusion based on a prior federal judgment is a defensive plea and provides no basis for removal under 28 U.S.C. § 1441(b).
  • Whether Moitie created a preclusion exception permitting removal based on a prior federal judgment.. Moitie did not create a preclusion exception to the rule barring removal on the basis of a federal defense.

Docket 96-1971

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